VIJAY AGGARWAL Vs. STATE

JUDGEMENT

(1.) Present petition has been filed by the petitioner for quashing of FIR on the ground that no part of the offence allegedly committed, was within Delhi and registration of FIR in Delhi is a gross misuse of judicial process. The allegations made in the FIR were denied. It was stated that respondent/ complainant had earlier made a complaint before CAW Cell and this complaint was closed on the ground that none of the alleged acts of cruelty was committed in Delhi.

(2.) Present FIR was registered against the petitioner at the directions of learned M.M. who entertained a complaint under section 156 (3) Cr. P.C. and passed an order dated 23rd November, 2009 directing registration of FIR against four of the accused persons stating that they appear to be guilty of offence under section 498A/406 IPC.

(3.) The question of jurisdiction was considered by the Court of M.M. while passing order and he had observed that marriage took place in Kanpur and after marriage husband and wife resided at Delhi. Wife had placed certain documents in this regard on record. The other ground for holding that Delhi has jurisdiction, was that a notice was issued on behalf of the complainant from Delhi asking dowry articles back. Reliance was placed on Roshan Kumar Tiwari Vs. State of Delhi, 2000 5 AD(Del) 693.